Mental Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Mental Disability Professionals |
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Mental Disability Law, Evidence and Testimony, written by ABA Commission on Mental and Physical Disability Law Director, John Parry, J.D. and forensic psychologist, Eric Y. Drogin, J.D., Ph.D., will guide lawyers, judges, law students, and forensic and other mental disability professionals through the maze of civil and criminal laws, standards, and evidentiary pitfalls, and forensic practices that characterize this area of the law. Moreover, it summarizes what empirical evidence exists to support or raise concerns about these legal standards and forensic practices when they are introduced in the courtroom.
Part I: Legal Overview examines the legal concepts and framework that are applied in the book's substantive chapters. Mental disability jurisprudence, the admissibility of specialized mental health knowledge in the Daubert and Frye line of cases, expert qualifications, evidentiary limitations, and how to represent persons with mental disabilities are all addressed.
Part II: Clinical Overview provides key definitions and terms, theoretical orientations, mental health diagnostic classifications through the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), diagnoses commonly encountered in forensic practice, and ethical and professional standards.
Part III: "Criminal and Civil Competency." Under criminal competency, the key concepts involve self-incrimination and confessions; fitness to stand trial; special concerns that apply to juveniles and persons with mental retardation; sentencing and appeals; juvenile transfers into adult courts; and commitment, restoration, and release. Civil competency, focuses on guardianship and conservatorship; representative payees; testamentary capacity; contractual capacity; privileges of citizenship; and an array of treatment issues.
Part IV: Diminished Culpability and Mitigation. Expert assistance at trial, mens rea, diminished capacity, sentencing, not guilty by reason of insanity, guilty but mentally ill, automatism, multiple personality disorder, battered spouse syndrome and other issues are examined.
Part V: Dangerousness. Dangerousness in the criminal realm is an essential component of quasi-civil commitments involving insanity acquittees, and sexually and mentally disordered offenders, including sexually violent predators. Dangerousness also is used in pre-trial detention and sentencing matters, particularly the death penalty. Dangerousness in the civil realm is most commonly used as a justification for the involuntary inpatient and outpatient commitment of children and adults, both with regard to their initial admission and release.
Part VI: "Standards of Care and Treatment" for mental disability professionals are covered, particularly malpractice, negligence, and intentional torts. The book covers a variety of claims based on the constitution or federal statutes; and potential defenses to all these claims.
Part VII: "Mental Impairment and Mental Harm." Mental impairment plays a key role in the Americans with Disabilities Act and other federal and state disability discrimination statutes; Social Security Disability; and private disability and health insurance.
The Reference Manual concludes with a glossary of key terms, court decisions, and legislation, and an index.Click here for information about the Mental & Physical Disability Law Reporter.
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